Mike’s practice encompasses energy law, antitrust law and general litigation. He has been involved with virtually all aspects of federal regulation of oil and gas companies, and was lead outside regulatory counsel for Transcontinental Gas Pipeline Corporation and then Tennessee Gas Pipe Line Company in the 1980s and 1990s. Since then, he has handled additional Federal Energy Regulatory Commission (FERC) cases, trials and appeals. Major engagements include:
Lead counsel for a major gas pipeline in obtaining regulatory approval to recover over $1 billion of restructuring costs and gas supply settlement costs.
Lead counsel for major gas pipelines in obtaining FERC approval of settlement of the costs of the federal government’s coal gasification experiment (oral argument before FERC Commissioners).
Lead counsel in the seminal case that established FERC’s current method of setting capital structure and rate of return for regulated entities.
Lead counsel for unregulated company in defense against FERC’s unsuccessful attempt to assert jurisdiction over unregulated natural gas activities.
Lead counsel for major gas pipeline in numerous full-blown rate cases that included cost-of-service, rate design, new service, tariff issues, trials and court appeals.
Advisor to developer of LNG terminals in prefiling process before FERC.
Mike counsels energy and non-energy companies on compliance with the antitrust laws and with Federal antitrust guidelines and regulations. As part of that practice, he also represents clients in merger and acquisition clearances under Hart-Scott-Rodino investigations by the Federal Trade Commission (FTC) and the Department of Justice (DOJ) in various industries [gas pipelines; midstream energy; oil and gas production service; oilfield service; chemical; government contractors; and information technology]. His antitrust clients have included PG&E Corporation, El Paso Corporation, Rowan Companies, Inc., Anadarko Petroleum, Veridian, BP, ConocoPhillips and Maverick Tube Corporation. Major engagements include:
Represent seller of over $4 billion of gas pipeline and storage assets in obtaining clearance before FTC.
Represent seller of over $1 billion of gas pipeline assets in obtaining clearance before FTC.
Represent seller of over $1 billion government contracting business in obtaining clearance before DOJ.
Represent seller of chemical business in obtaining clearance of a 3-to-2 merger before the FTC.
Advise developer on antitrust issues involved in joint venture to build world’s largest chemical plant of its kind.
Represent seller of oil/gas field services business in obtaining clearance of a 4-to-3 merger before the FTC.
Represent oil/gas field services business in avoiding civil penalties despite failure to make required Hart-Scott-Rodino filing
Mike’s litigation practice is principally before federal agencies, particularly before the Federal Energy Regulatory Commission, where he has led trial teams in more than a dozen litigated proceedings. In addition to trial work, he has argued more than a dozen energy cases before the federal circuit courts of appeal, mostly before the US Court of Appeals for the DC Circuit. He also has worked for clients in federal court litigation, including patent and copyright litigation in the computer industry.
After college and before attending law school, Mike was a minor league baseball pitcher for five seasons with the Detroit Tigers and Philadelphia Phillies organizations.
ARTICLES / PUBLICATIONS
"FERC Cases Require Knowledge of Facts and Policy" The National Law Journal (March 15, 2004)
BRIEFINGS, SEMINARS & SPEECHES
Energy Bar Association, Sixtieth Annual Meeting: Chaired kick-off panel on Federal Power Act clearance of mergers (April 27, 2006)
National teleconference speech on "Energy Policy Act of 2005" (July 25, 2006)
PROFESSIONAL / CIVIC AFFILIATIONS
American Bar Association, Antitrust Section
Federal Energy Bar Association
Chairman, Antitrust Committee (1984-1985)
Leading Lawyer, Energy and Natural Resources Law, in the annual Chambers Directory every year since 2000
Who’s Who in the Oil & Gas Industry, International Who’s Who of Oil & Gas Lawyers, 2005
Leading Lawyer, Euromoney's Guide to the World's Leading Energy and Natural Resource Lawyers
Best Lawyers in America, 2005, 2006, 2007
Best Laywer in DC, 2006